Turning over project files to a client

[Ron Lindeboom]

I misread your question, Bob? Now I’ve never done that before. ;o)

I thought you were talking about another artist basing work on the technique of another.

But directly to your real point: I think that an artist should be able to work their style as long, short, rarely, or often, as they want to and that customers are willing to pay for.

Where I would question things, is when an artist charges a client for work that the client thinks is original and then sells the exact same work to another customer.

I’d be uncomfortable with that. But that’s me.

Your mileage may vary,

Ron Lindeboom

[Bob Cole]

[Ron Lindeboom] “I think that an artist should be able to work their style”

I think that is the operative word: “Style.”

You can re-use the style, just not the file. (Thanks, Johnnie Cochran)

[Richard Herd]

Walter, how does that square with “Work for hire” agreements?
Thanks!

(Also it’d be a great cow service to offer some boilerplates)
-rh

[Shane Ross]

[Richard Herd] “Walter, how does that square with “Work for hire” agreements? “

That would be you coming into a company as an employee of sorts. So then the graphics or editing project files that result are the property of the company that hired you. As a freelance editor, I edit for a lot of people…and they get the project files of my work. But if I am hired as a company to edit something, they get the end result, and the source tapes, but not the project files.

Shane

GETTING ORGANIZED WITH FINAL CUT PRO DVD…don’t miss it.
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[Mike Samaras]

Saw a job advertised recently (on a freelance basis) that specified part of the role would be supplying full project files. Didn’t feel right so I let it go. Well not right for the price that was quoted per job.

Interesting points raised about intellectual property. This is what I thought but it’s reassuring to have it confirmed my others. 🙂

m.

makemassair a multi discipline freelance creative professional, specialising in video editing, post production & graphic design.

[Joel Jackson]

I acctually spoke with a copyright attorney yesterday about the issue. She said that unless I have a written contract stating that the project files (ie my intellectual property) was to be part of the deal then I have very good ground to stand on in either denying the files to the client or selling them to them as a buy out. She also mentioned leasing the files. This means they are allowed to use the project files for X seasons of the show for a certain fee. This would work a lot like licensing music.

Anyway, just thought I’d relay what the expert had to say about it.

Joel Jackson
http://www.creativebloc.com/port.html

[Mike Cohen]

This conversation makes me think of animation. When you hire a vendor to create animation for you, you own the final output (image file sequence or movie file in specified format) but not the Maya project or whatever. And some vendors then charge a licensing fee, ie, use the work in broadcast for 5 years for $X.

Generally you can specify in your contract if you want exclusive license and/or source files, and you pay a premium for that.

Mike Cohen

[Bob Cole]

[Mike Cohen] “Generally you can specify in your contract if you want exclusive license and/or source files, and you pay a premium for that.”

That reminds me of the time I was on the other side of this discussion.

I’d hired a 3d animator, and I asked for the project files. We never discussed it after that … and I never got those files.

Bob C

[Emre Tufekci s.o.a.]

I guess the only exception to project files is when you hire an artist to work in-house on your machines. Then you own the project files as well.

Emre Tufekci
http://www.productionpit.com

[Todd Terry]

Sometimes you find yourself on the other side of the situation.

A while back we subbed out some After Effects work, used a very very talented young man in another city that, actually, we found right here on the COW. Stunningly good work.

Our contract with him specified several different elements as deliverables: a show open, several internal bumpers, some graphics background plates, etc. No mention was ever made of the actual project files, we didn’t need them nor wanted the extra expense.

BUT… when he finished them all and we had approved everything and he made the real high-res files, we got the message from him with download instructions that said something like “The first piece is in such-and-such folder, the second piece is in the next folder…. all of the elements are in the ‘Elements’ folder, all the After Effects projects are in the ‘AE’ folder….” etc.

I was quite surprised. He’s a young guy (super talented, but a mere child), and maybe he didn’t realize he was “giving away the farm.” To tell you the truth though, I never even opened his projects. If I need something else, I’ll just call him again.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com